I was told the same thing. If your kids spend most of the time with you, you get to claim them, If he did you both will get audited, since you have proof you should not worry. Just keep doing your taxes every year.

Yes, and if you both worked and lived at the same address for a majority of the year, then just claim one of your children. If he doesn't want to file together then he has to share the tax breaks. But it was very petty and immmature of him to refuse to file. Why is it that its always the women who have to give, bend, make things work ect.?

I had the same problem with my taxes. When their is a discrepancy they wont accept it. I kept getting your application has been rejected. I would speak to the IRS as to what you need to do. Mailing it in was the right thing to do but you probably will be flagged as an audit. FYI- what an absolute jerk! Unbelievable! WTF! is wrong with our husband's !!! I hate to feel this way but sometimes I wonder about all men!

I had the same problem - ex went behind my back and filed head of household. I had no income that year and he took all the tax return money and split it with the Beast. This was after he promised in writing to file a joint return with me. Stick to your guns, file your taxes, and let the IRS sort him out!

All are right. FIle anyhow, let the IRS work out the details. HE will have to prove that the kids lived with HIM or that he provided OVER half of their care. You will both be audited for the 2010 tax year. He may end up having to pay you the amount he received back from the IRS( if you end up taking it to court).
I have been dealing with this since January with many calls to the IRS and they told me that in the end they (IRS) have final say in taxes, not a court. As long as you don't sign any paper giving up your rights! If you did not sign a paper stating that you give him permission then he is breaking a BIG law and could face jail time for fraud.

I gave permission to the Flea but I did not sign any papers. He tends to sign anything he wants for me. Can I do something about that.

Thats forgery & fraudulent which is a crime! I would let him know that & tell him you will file charges if he does it again!

Ladyrb - there's also the Injured Spouse paperwork - you can find it on IRS.gov. If the Flea has been signing your name, yes, that is forgery. Good luck with the pursuit of justice...LOL!

I asked Jerk to file jointly and he never got back to me. So I went and filed and took everything I could. Was he ever P***ed! So he e-mailed me and asked if I didn't think it would be "fair" that we each claimed 1 child from here on out. I threw his favorite word, 'entitled', back in his face. I told him that as I understood the law I was 'entitled' to claim both children. I suspect it's not over yet, but it felt good. Had he gotten his act together we could have filed jointly. Dumba$$

- Taxation issues could be a complicated part of divorce that could further add to the all the psychological, emotional and financial burden that each of the divorcing party goes through. It's definitely an advantage that you know your rights.
Here's one site I happened to come across with that contains some significant information about taxation in relation to Taxation and Divorce I certainly hope this would help.

Hire a good tax accountant.

I wanted to provide an update on the tax situation. As I mentioned earlier, when filing electronically on the 18th failed I mailed the forms in thru regular mail that evening still claiming my two children. I spoke with an accountant 2 days later who told me that since I mailed the forms in by the due date I now have 3 yrs to file an amended return. Also, she said just let the IRS find the problem and they will sort it out. The fact that i was the major bread winner last year means that I had the right to file as Head of Household meaning I had the right to claim both children not him. I guess we'll see what the IRS says.